HomeMy WebLinkAboutSuffolk County Dept Labor ®
ROBERT J. GAFFNE¥
COUNTY OF SUFFOLK /
June 23, 2000
The Honorable Jean Cochran
: Supervisor
' Town of Southold
P.O. Box 1179
Southold, NY 11971
Dear Supervisor Cochran:
Enclosed for your records, please find a fully executed copy of the renewed
"Memorandum of Understanding Non-financial Agreement" between our Agencies.
Thank you for your continued support and~'participation in the Suffolk County
Deparnnenr of Labor Work Experience Program.
Very truly yours,
Raymond DeFranco
Director
Public Assistance Unit
RDF:jb
Enclosure
EMPLOY PEOPLE WITH DISABILITIES - IT'S GOOD BUSINESS
Memorandum of Understanding
Nonfinancial Agreement ~ :~
This Memorandum of Understanding is between the County of Suffolk (County), a New York
municipal corporation, having its principal office at the County Center, Riverhead, New York 11901-3397, acting
thrungh its duly constituted Department of Labor (Department), having its principal office at Building 17, North
County Complex, Veterans Memorial Highway, Hauppauge, New York 1 ! 788, and Town of 8outho ld,
Mun±c±pa:~ Corp. (Contractor), having, its principal place~
ofbusinessat Southold Town Hail, Main Road, Southold, NY [1971
The parfie~'hereto desire to make available for eligible Suffolk County residents an employment and
tra/rdazg program that includes work experience under the Workforee Investment Act I-WI_A) or the Suffolk Works
Employment Program (SWEP), and other pertinent programs operated by the Department, and to establish the
conditions, limitations and work rules to be observed by the Contractor and the Department under this
Agreement.
Term of Agreement:
Shall be from July 1, 2000 through June 30. 2004.
Cost of Agreement:
No payments to Contractor. Payments to trmnees as provided in
Section IL1 of Exhibit A.
Terms and Conditions:
Shall be as set forth in Exhibit A attached.
In Witness Whereof, the parties hereto have executed th/s Agreement as of the latest date written below.
Town of Southold
J Cochran
Supervisor
(Type name and title above)
Date: 2000
Master Form Approved
Not Reviewed as to Execution:
County of Suffolk
By: ~~~e
Approved:
Department of Labor
Robert J. Cimino
Suffolk County Attom, ey
Patricia Jordan
Assistant County AttlYmey
Date: C///7/~Sr'~r-
John R. O'Donnell
Commis~
George4Cf'~s~n -t/&- -'
Chief DOuty Commissioner
LB6 (3/00)
Page 1 of 8
MEMORANDUM OF I~RD~STANDIN~
NONFINANCIAL
THIS MEMORAiqDUM OF UAIDERSTANDING is between the County of Suffolk
(COUNTY), a New York'munioipal corporation, having its principal office a='the County
Center, Riverhead, New York 1~90T-3397, acting through its duly constituted
Department of Labor (DEPARTMENT), having its principal office at Building
North County Complex, Veterans ~emorial Highway, Hauppauge, New York 11788, and
Town of Southold (CONTI~ACTOR) .
a New York municipal or not-for-profit corporation, having its principal place of
business au Tow~ Hall, P.O. Box 1179, Southold, NY ]]97]_ .
The part~es hereto desire to make available for eligible Suffolk County
residen=s an en~ploy~ent aknd training program t~at includes work experience under the
Job TraiD-ing PartI%ership Act (JTPA) or the ~Job Opportunities and Basic Skills (JOBS)
Program, and to establish the conditions, limitations a~d work rules to be observed by
the CONTRACTOR and the DEPA/~TMENT under this Agree~nt.
TERM OF AGREEMENT:
Shall be from July 1, 1996 through
June 30, 2000.
COST OF AC~REEMENT:
No payments to CO~T~ACTOR. ~aymenus =o
trainees as provided in Section II.1 of
Exhibit A.
TERMS AND CONDITIONS:
Shall be as se= forth in
Exhibit A attached.
IN WITNESS WlqEP~OF, the parties hereto have executed this Agreement as of the
latest date written below.
TOWN OF SOUTHOLD
Jean W. Cochran, Supervisor
(Type name and title above)
Date: April 2, 1996
MASTER FORM APPROVED;
NOT REVIEWED AS TO F2(ECUTION
CO--OF Sb~FOLK
Chief Deputy County Executive
APPROVED:
DEPARTMENT OF LABOR
Robert J. Cim~no
Suffolk County Attorney
Robertson Hatch
Assistant County Attorney
3 ~
M~chael B. Falcone
Commissioner
JOhn~J. ~abowski
Chief Program Examiner
LB6 {2/96) Page 1 of 5
~A
MEMORANDUM OF UNDERSTANDING FOR THE PROVISION OF WORK EXPERIENCE
The DEPARTMENT and the CONTRACTOR do mutually agree to the following:
SECTION I- LAWS AND REGULATIONS
Cmnplian~"~ wRk the W~rl~it~ Ma_nnal: The CONTRACTOR shall comply wi~h the requirements of the
1. ~;~icabl~ ~v~rksite ~u~l, ~7~TRACTOR hereby certifies` and ~eknowledges having had the
opp6rmnity,t0~review ~e.manuar a~d understands the applicable requirements, as well as the terms therein
speeified~ and agr0es~o adhere tnand comply with lhem.
2. Laws and Re~uiatinns Applicable: The CONTRACTOR shall comply with all applicable Federal, State
a~d loea~.,l~v?~ rdIes~ ana~dn~ which deal wi~ or relate to the employment of persons who perform
~k of a/'~ine~l~tmiter .thi~ Agr .~m ~egt, including, bui not limited to} the~lob.Training Parmership Ac{ of
19~82, ~b~q~ent ~ra~ ~.ar~d the ~Iafi0ns and ~poiieies fl~reunder, ~e provisions.of the Job
Opl~omi~l~s,and_ ~a.~c,,~ffi-~ ~rogrmn, ~*,- . pr~isio, n~ of the Fair Labor Standards Act; the Equal
Opponu',it>' (' lauses of the ( ivil l~gti~ A,c~ ?f 1.9.6~ ,mid hny, sub~¢q~ ame~d~fionts,.and thch~ and
mfety slandards established, under S~ate ~ F~demlqaw and appliuable to the working conditions OElrainces.
3. Fraud~_(dilisemld:Otlmr ~dmina~Aeffvity: Eor progunns fimiled under fl~c Job~Trai0ing Paimership Act,
alt o!a ~ Cq~ts inv~[vm..gffand, alm~,c, other ct mnn,fl a~u~ ,.x. or. wOlatl0ns~of~t~w, shal!f.be
rep0rte~fly ~d immediately to the.~
Unite&States Department of Labor
Offi~ of the Inspector .General
Office of Investigations
200 Constittrtion Avenue, N.W.
Washington, D.C. 20210
4. Screening of Personnel: If (i) the CONTRACTOR performs or provides day care services (whether or not
it .h~ a con~act mith We $ ~ffoLk £onnt~ Dep~mment of, SOch[ Services) a~d '(ii) the. actMties of the trainees
under this Agreement may be anttmpatad to bnng them ~o :contact with children receiving day care serwces,
the CONTRACTOR shall complyJwith the ~uiremen~ of Local Law No. 1-1985, as mended (Suffolk
County Code Chapter 256) as now. in effect 0r~as amended hereafter or of any other Suffolk County Local
Law that may become applicable duringllae term of this ~ement with regard to the screening of personnel
in connection with day care services.
5. Gratuities: The CONTRACTOR represents and warrants that it has not offered or given any gratuity to any
official, employee or agent of Suffolk County or New York State or of any political party, with the purpose
or intent of securing an agreement or securing favorable treatment with respect to the awarding or amending
of an agreement or the making of any determinations with respect to the performance of an agreement, and
that the signer of this Agreement has read and is familiar with the provisions of Loeat Law No. 32-1980' of
Suffolk Cotmty (Chapter 386 of the Suffolk County Code).
6. Political Activities: It is agreed that the work performed under this Memorandum of Understanding shall
in no way or to any extent be used in the conduct of political, partisan or election campaign activities, nor
shall any Wainee be selected, rejected, promoted or discriminated against in any way based on political belief
or affiliation. --
Sectarian Activities: The CONTRACTOR agrees that trainees shall not be utilized on the construction,
operation or maintenance of any portion of any facility as is used or to be used for sectarian instruction or as
a place of religious womhip. Additionally, no trainees shall be placed in any capacity to free any other person
for the performance of such duties or activities.
Nondiscrimination: In accordance with Article 15 of the Executive Law (also known as the Human Rights
Law) and all other County, State and Federal administrative, statutory and constitutional nondiscrimination
provisions, the CONTRACTOR shall not discriminate against any employee or applicant for employment
LB6 (2/96)
and/or u&,ee'in any program eoverefl*by this Agreemgffg because bf race, creed, religion, color, sex, national
origin, age, disability, marital status, prior ~al record, or Vietnam era or other veteran status.
SECTION II- TRAINEE WAGES, BENEFITS AND WORKING CONDITIONS
1. Payroll Procedures/Fringe Benefits: Trainees entitled to wages under the applicable program shall be paid
by the DEPARTMENT through the. Suffolk County biweekly payroll system. Public assistance recipients
obtaining ~ork ~experience~ in the 'Job Opp0rt~nilies and Basic Skills Program will be credited for work
perf0rmed:~ '~er.the minim!lm wage or the preyailktg wage for e0~parable work, whi~ever is higher.
The CONTRACTOR shall, m;iintain individual re,cords of time Work~'~ by ~.~ee's on. time~he~s approved
by ~ DEPAt~,TIvlENT~ Time .records.shall, bd maintained .On a daily b~ and shall document actual hours
worked. Proper main.tenan~e. Of time cards shall be the tespomibility ~f the CONTRACTOR.. The
CONTRA?~QI~ shall ensure ~at ~ecords. are properly completed and.¥alid~t~d, by signatur~ of the iralnee
and the veo/ksi~e SUPerviSor, Within collection procedures and time frames establlshec[ by the~DEPARTMENT
for pm~gss~.'g of ~ut.~o~ts through ~ p~yroli system. Trainees in wageopaying programs shal~ be
paid r~9 l~ss;~l~ederal.or State minimum wage, whichever is greater.
Trainces, sh.~i ~ork.in ~ose occupational ~tles identified,~hy the CONTRACTOR and approved by
tho ~P~BIT. Frigo benefits prov]~ed by the DEI~I~TMENT Shall include, as appropriate
aneI applicable, E!CA, ~orkers' Compensation,'Goneral~ Liability, Unemployment Insurance and
other 8~¢h~benefrts as are determined b~ the DEPARTMEtqT ~o be in accordance with local Iaw and
relevant Federaland Slate regulations.
2. Reportine 0~ I~m-ies: In the event that a ~rainee is injured and the injury either causes the trainee to lose
time at work or to ofilain medical attention, the CONTR2ACTOR must immediately notify the
DEPARTMENT of the injury by phoned Within one working day, the CONTRACTOR rne_st provide to the
DEPARTMENT a wi'itte~report of the injury, on letterhead paper and Containing information asto:
Name of the trainee.
When, where, how and why the injury occurred.
Nature of the injury.
Witnesses to the injury.
Whether the trainee was sent home, to a hospital or to a physician.
If medical' treatment was given, the name and address of the physician.
The name, title and phone number of the person who prepared the report
Tf the immediate supervision of the trainee is provided by the DEPARTMENT, the above-mentioned
items shall be the responsibility of the DEPARTMENT's on-site supervisor.
3. Termination of Trainees: Trainees may be terminated by the CONTRACTOR for reasonable cause at any
time during the term Of this Agreement following verbal approval by the DEPARTMENT. When appropriate,
prior to termination which is deemed necessary by the CONTRACTOR, trainees shall be granted reasonable
opportunity for correction of attitudes or improvement of performance. Following termination of a trainee,
a full bill of particulars should be submitted to the DEPARTMENT at the above-stated address within two
(2) weeks of the termination date.
4. Responsibilitw for Wages:- In. the event'that'it ~isffinally determined thata~ trainee was terminated or
suspended without just cause, and if such termination or suspension was initiated by the action of the
CONTRACTOR without authorization from the DEPARTMENT, then the CONTRACTOR, at its sole
and expense shall make payment to the trainee of any award te which the trainee may be entitled under the
applicable program.
SECTION III - CONTRACT COND!er!ONS
Contractor Assurances and Certification: The CONTRACTOR certifies:
LB6 (2/96)
a. That sufficiem s ~t~fand administrative capability is available to operate the activities of the
applicable emplo3~meni and training prlograms.
b. That only time actually worked by a trainee shall be certified on his/her time sheet, and that
a current time sheet shall be maintained for each trainee.
c. That there is suffiqiem, meaningful work to occupy all the txainees assigned during the hours
they are at th~site.
d. That worksite sui~rvisors shall attend training sessions, provided by the DEP~ARTMENT,
as appropriate.
e. That trainees are adequately protected against hazards or activities which may adversely
affecttheir health or safety.
£ That ar~y special clothing, specific tools or equipment which may be requked for the trainees
m perform the work assigned shall be provided by the CONTRACTOR.
Maintenance of Effort: The CONTRACTOR shail ensure that:
a. No trainees shall be used to repta~e or perform any work ordirmrily and actually performed
by regular employees (including partial displ.~ement such as a reduction in the hours of non-
overtime work, wages or employment benefits), or ts replace or to perform any work which
would ordinarily be performed ~by craft or trade unions in private employment.
b. NO program shall impair dxisting contracts for services or colle4:tive bargaining agreements.
c. No trainee shall be employed or job opening filled (1) when any individual is on layoff from
the same or a substarllially equivalent job~ or (2) When the emplo.ver has terminated the
employment of any regular employee or otherwise reduced its workforee with the effect of
filling the vacancy so created by hiring atrainee.
d. No jobs shall be created in a promotional line that will infringe in any way upon the
promotional opportunities of currently employed individuals.
e. Work performed by trainees under this Memorandum of Understanding shail only be in
addition to work which would otherwise be provided by the CONTRACTOR withom
assistance under the appIicable program.
f. The work experience assignment shall not result in the filling of any established unfilled
position vacancy by a trainee,
Union Concurrence: If required by any applicable collective bargaining agreement or by program
regulations, a umon concurrence must be obtained before placement of the trainee(s) in the CONTRACTOR's
orgahizafion.
Trainee Evaluations: The CONTRACTOR shall provide performance evaluations of trainee(s) on forms
provided by the DEPARTMENT. Evaluations shall be submitted at intervals specified by the
DEPARTMENT.
Seff-M~nitoring: The CONTRACTOR agrees to establish self-monitoring procedures to ensure compliance
with program operations, the applicable regulations and the provisions of this Agreement.
Release of Information: ~'TheCONTRACTOR'shall not issue or pt~blishany-book, announcemem, article,
report or other publication relating to the subject program without ftrst obtaining written approval of the
DEPARTMENT. If the work of the CONTRACTOR under this Agreement should result in the production
of original books, manuals, films or other materials for which a copyright may be granted, the
CONTRACTOR may secure copyright protection. However, the DEPARTMENT reserves to the County ot~
Suffolk, and the CONTRACTOR hereby gives to the County, or to any other municipality or govemmeatal
agency or body designated by the County, a royalty-free, non-exclusive license to produce, reproduce,
publish, translate or otherwise use any such materials.
LB6 (2/96)
Page 4 of 5 oze~6 16:47 II[:~IUNL~WXRNItXLBOOt. WPI)
o
10.
11.
12.
13.
14.
Inde.~endent Contractor: It is expressly agreed that the CONTRACTOR's status hereunder is that of an
independent con~'aetor. Ne~-ther the CONTRACTOR nor any person hired by the CONTRACTOR shall be
considered employees of the COUNTY for any purpose whatsoever.
Hold Harmless Clause: To the extent permitted by law. the CONTRACTOR shall indemnify and hold
harmless the COUNTY from a~d against all claims, costs (including attorneys' fees), losses and liabilities of
whatsoever naturearising out of'the acts or om~sions or negligence of the CONTRACTOR, its officers,
agents, servants ar employees in connection with the services described or referred to in this Agreement.
S~tate Liability': Ur~les~ the:CONTRACTOR is a department or agency of the State of New Yark, the State
ogNew Yo~k i~ nnt~Parxy to tiffs Memorandum of Understanding arid has no l~egal liability thereunder, either
under the terms ~ conditions stipulated'herein, or with regard to ag, y such iiab~' ,-t'o~, legal ~cgi0ns, ar d~sputes
asmay arise under thls Mexnora~dum bet~veen the DEPARTIvIENT and ~e coNTRACTOR.
Insurance: The CON'~RA~CTOR agrees to PrOcure, pay the enth-e premi~am for a~ .d maintain throughout the
term ~ this Agr~ment inSUrance in amou/~ts and types specified by the,COUNTY~ Ul~less Otherwise
spgclfie~ by the COUNTY, and agreed to by the CONTRACTOR, in writing, such insurance will~ be as
'
CommercialGeneral Liability. insurance, including contractual coverage, in an amount not
less than One Million Dollars ($1,000,000) combined single limit for bodily injury and
property damage per occurrence.
Ail policies providing such coverage shall be issued by insurance companies acceptable to the COUNTY.
The CONT1La. CTOR shall furnish to the COUNTY certificates of insurance or, on request, original policies,
evidencing compliance with the aforesaid insurance requirements. In the case of commercial general liability
insurance, said certificates or other evidence of insurance shall name the County of Suffolk as an additional
insured. All such certificates or other evidence of insurance shall provide for the County of Suffolk to be a
certificate holder and to be notified in writing thirty (30) days prior to any Cancellation, non-renewal or
material Change. Such cen'fficates, policies or other evidence of insurance and notices shall be mailed to the
DEPARTMENT atEe eddres~ at the heed of this Agreement or at such other address of which the COUNTY
sh~il'have given~Zthe C0iq~C~TOK notice in writing.
If the CONTRACTOR is a town or other municipal corporation and has a self-insurance program under
which it acts as a self-insurer for any of such required coverage, it may provide self-funded coverage and
certificams or other evidence of such self-insurance in lieu of insurance issued by insurance companies.
Audit, Inspections and Records: The CONTRACTOR agrees that for a period of seven (7) years it shall
maintain and have available for audit and inspection by the DEPARTMENT and/or its designee any books,
documeuts, papers and records pertaining to each and every trainee's payroll record and personnel file.
Assignment/Subcontracting Preclusion: The CONTRACTOR shall not assign, transfer, convey,
subcontract or otherwise dispose of this Agreement, or any of its fight, title or intgrest therein, or power to
execute this Agreement, to any other person or corporation without the prior consent in writing of the
DEPARTMENT, and any attempt to do any of the foregoing without such consent shall be of no effect.
Termination of Aerearnent: (A) Whenever, for any reason, the Suffolk County Commissioner of Labor
shah determine that termination is in the best interest of the program and/or the County of Suffolk, the
Agreement shall be terminated upon a date set fe~h in a Notice of Termination duly mailed to the
CONTRACTOR at the address set forth herein. (B) It is understood and agreed that the CONTRACTOR may
terminate this Agreement upon written notification to the Commissioner of Labor. (C) The CONTRACTOR
shall be responsible for monies payable to, and activities of, the trainee(s) alter the effective date specified
in the Nouce of Termination.
Merger; No Oral Changes: It is expressly agreed that this instrument represents the entire agreement of the
parties; that all previous understandings are merged in this Agreement; and that no modification of this
Agreement shall be valid unless written and executed by both parties.
END OF TEXT
LB6 (2/96)
Page 5 of 5 oeceor~6 16:47 It:IMUIgL~.WXRNIP.LB006.WI'D
JUDI'r~ T. TEt~RY
TOWN CLERK
REGISTIL%R OF VITAL STATISTICS
MARRIAGE OFFICER
~ORDS M-A-NAGEMENT OFFICER
~P~EDOM OF h'~FORM~a~ ON oFF~aE~
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax [516) 765-1823
Telephone (516~ 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 4, 1996
Suffolk County Department of Labor
P.O. Box 1319
Smithtown, New York 11787
Attention: Mr. Frank Ciocia
Dear Mr. Ciocia:
Transmitted herewith are three (3) executed agreements between the
Suffolk County Department of Labor and the Town of Southold for the Job
Opportunities and Basic Skills (JOBS) Program to be utilized by Venetia
McKeighan, Director of Human Services for the Town of Southold.
cc: V. McKeighan,
Very truly yours~
Judith T. Terry
Southold Town Clerk
Dir. Human Serv.
JUl)l'l'ii T. ~I'EP, ItY
TOWN CLERK
REGISTRAR OF ~iTAL STATISTICS
MARJ~IAGE OFFICER
RECORDS MANAGEMENTOFFICE]~
FREEDOM OF INFOltMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1828
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO C{ERTIF¥ THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
sOIJTHoI. LD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 2. 1996:
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Jean W. Cochran to execute a Memorandum of
Understanding, Nonfinancial Agreement (no payments to the Town,
payments to the trainees) between the Suffolk County Department of Labor
and the Town of Southold for the Job Opportunities and Basic Skills (JOBS)
Program to be utilized by Venetia McKeighan, Director of Human Services,
for the period of July 1, 1996 through June 30, 2000, all in accordance with
the Memorandum of Understanding for the Provision of Work Experience of
said agreement; all subject to the approval of the Town Attorney.
Judith ¥. Terry
Southoid Town Clerk
April 3, 1996
COUNTY OF SUFFOLK
ROBERT J. GAFFNEY
SUFFOL.K COUNTY EXECU*nVE
March 20, t996
The Honorable Jean W. Cochran
Supervisor, Town of Southold
Town Hall, P.O. Box 1179
Southold, New York 11971
Dear Supervisor Cochran:
I am writing to advise you that the current "Memorandum of Understanding Non-
Financial Agreement" that governs the operation of the JOBS and JTPA participant Work
Experience Programs between our agencies will expire as of June 30, 1996.
To allow for the continuation of these programs beyond that date, I have enclosed a
reproduced version of this subject agreement which will be effective for the four (4)
year period July 1, 1996 through June 30, 2000.
As your agency has actively participated during the past four (4) year period, I invite you
to continue to take part in these activities which greatly benefit all residents of Suffolk
County. Please sign the contractor portion of this agreement on all three (3) copies of the
cover sheet. The signed agreemems (all copies) should then be returned to my office at
the folloMng address:
Suffolk County Department of Labor
P.O. Box 1319
Smithtown, New York 11787
Attention: Mr. Frank Ciocia
Continued ..............................................
EMPLOY PEOPLE WITH DISABILITIES -- IT'S GOOD BUSINESS
P~e~o
We need to have this executed by all indicated signatories and in place as of July 1, 1996.
I therefore ask your assistance in the execution and prompt return of this agreement no
later-than May t0, 1996.
A fully executed copy of this agreemem will be returned to your office, after all parties
have signed it. Please address any questions on this matter to Mr. Ciocia, of my staff, at
telephone 853-3824.
tmly yours,
Commissioner
MBF:md
Enclosure